Question 1. The term "Jurisdiction" for legal purposes means the authority or power of a particular court or court system to make a decision in the case before it which decision would be binding on the parties involved and subsequently enforceable.
True
False
Question 2. A trial court has appellate jurisdiction.
True
False
Question 3. The United States has two court systems, one the federal system, and the other being the state system.
True
False
Question 4. Ethics are imposed by some enforcing authority or power, generally one of the levels of government.
True
False
Question 5. One theory or system of ethical thought is entitled the "Utilitarianism" Theory which focuses on whether the act itself has universal application regardless of the consequences.
True
False
Question 6. Diversity of citizenship is one basis for jurisdiction of a federal court in a particular case.
True
False
Question 7. The court in which a case is to be first brought for hearing and determination is known as a court of Appellate Jurisdiction.
True
False
Question 8. The "Commerce Clause" empowers the state governments to regulate the health, welfare, and safety of its citizens.
True
False
Question 9. For there to be a state law violation of the "Commerce clause" there must also be a federal law with which the state law conflicts.
True
False
Question 10. That the federal government is divided into three parts each with its own area of authority illustrates the concept known as "separation of powers".
True
False
Question 11. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.
Concurrent jurisdiction between the federal and state courts includes which of the following?
Both the federal and state courts can assert jurisdiction if the case involves an issue involving the Constitution or some other federal law or treaty.
State courts have concurrent jurisdiction with the federal courts in cases involving bankruptcy.
John is an Ohio resident. He brings a lawsuit against Mary, a resident of Illinois, who signed a contract with John he claims she breached causing him $100,000 in damages. Since each party lives in different states and of the amount involved,, this case can be brought in federal court.
John lives in DuPage County, Illinois. Mary lives in Cook County, Illinois. If they have a divorce involving over $75,000.00 of property distribution, each of them has the right to move the case from state court to federal court.
Question 12. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question. Which of the following is/are an example or characteristic of "common law"?
are the decisions made by US judges in cases.
traffic laws
are the regulations passed by an administrative agency
Judge made law that becomes "precedent" for later judges to follow in deciding similar cases.
Question 13. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question. Which of the following is/are available legal challenges to administrative agency regulations?
that the regulation is not authorized by the President of the US
that the regulation is ultra vires
that the regulation violates the US Constitution
that the regulation was not ratified by Congress
Question 14. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question. Which of the following are sources of US law?
the US Constitution
Federal and State administrative agencies
court decisions
treaties entered into by the federal government
Question 15. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question. Your factory located in China is expropriated by the Chinese government without any compensation being paid to you. You want to sue China in a US court, and if win, attach Chinese government assets located here in the US. Which of the following statements contain a legal concept or law that applies to this situation.
The Supremacy Clause
The Foreign Corrupt Practices Act
The Foreign Sovereign Immunities Act.
The Act of State Doctrine
Question 16. The National Enquirer, Inc., is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than 5 million copies. About 600,000 copies, almost twice the level in the next highest state, are sold in California. The Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. California had a long-arm statute. The defendants allege that they were not subject to lawsuit in California and try to dismiss the case on grounds it should have been filed in Florida.
1. Are the defendants subject to suit in California? Why or why not?
2. Did the defendants act ethically in trying to avoid the lawsuit in California? Apply one of the ethical theories/systems we have studied in answering this question.